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Materials or certificates to bring when filing a divorce lawsuit

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Materials or certificates to bring when filing a divorce lawsuit


        

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  • 2024-06-25 02:00:04

    (1) There should be three copies of the civil complaint, one for the court, one for the other party, and one for your own use in court.
    (2) ID card or other residence certificate. You need to submit a copy of your ID card to the court when filing a case.
    (3) The marriage certificate or marital status certificate is used to prove the marital relationship between you.
    (4) List of properties You need to prepare three copies of the list of properties, one for the court, one for the court to transfer to the other party, and one for yourself. How to go through the divorce proceedings
    1. Write a civil petition, the first part of which states the name, gender, date of birth, nationality and domicile of the plaintiff and defendant, and the second part of which states the claim
    a. Asking for divorce;
    b. Child rearing;
    c. Property is divided according to law; The third part writes facts and reasons, including when to get married, when to have children, and why to divorce. It is better to print the petition, but the last part must be signed manually;
    2. Go to the basic court (district or county court) where you live to file a lawsuit, and go through the filing formalities in the filing court;
    3. At the time of filing the case, two civil petitions, marriage certificate, couple's ID card (at least their own), the original of the child's household registration or birth certificate should be submitted. If there is property that needs to be divided by the court, property related evidence should also be brought, such as property certificate, motor vehicle license, etc. Two sets of copies of evidence shall be submitted (one copy in the court file, and one copy shall be sent to the other party);
    4. Pay the fees after the filing court reviews;
    5. Give the payment bills and materials to the court for filing and go home;
    6. The court will schedule a court session for your case, and deliver the copy of the petition, evidence and other materials to the defendant. After the defendant is served, you will be notified of the time of the court session, and you need to go to the court to get the subpoena for the court session;
    7. If the other party also agrees to divorce, the court may ask both of you to mediate (in China's civil cases, mediation is a necessary procedure, you will not be organized to mediate before the court session, and you will also be asked if you are willing to mediate). If the mediation is successful, a Civil Mediation Statement will be issued. Mediation can be divided into two types, which may mediate divorce, or you can do your work well, not divorce, and close the case;
    8. If mediation fails, a court session will be held. If mediation fails, a judgment will be made and a Civil Judgment will be issued;
    9. The judgment may or may not result in divorce. In general, if the defendant disagrees with the divorce for the first time, the court will rule against divorce. Your friend can sue for divorce again six months after the judgment comes into effect.

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